1673

Title 18, United States Code, Section 1366 is designed to extend
Federal protection to all types of energy production, transmission and
distribution facilities, including all transmission lines and pipelines,
with the
exception of facilities under the jurisdiction of the Nuclear Regulatory
Commission, see S. Rep. No. 98-225, 98th Cong., 1st Sess.,
reprinted
in 1984 U.S. Code Cong. and Adm. News 3182, 3501, and natural gas
pipeline
facilities under the jurisdiction of the Federal Energy Regulatory
Commission,
see Revision of Title 49, Transportation, United States Code, Pub. L.
103-272, § 5(e)(9), 108 Stat. 745, 1374 (1990).

In creating section 1366, Congress envisioned that this statute
would
be used only "on a selective, case-by-case basis." See S. Rep. No.
98-225, 98th Cong., 1st Sess., reprinted in 1984 U.S. Code Cong. and
Adm.
News 3182, 3501-02.

Section 1366 is a specific intent crime requiring the government to
prove that defendant acted "knowingly and willfully." In addition to the
exceptions above, Federal jurisdiction under § 1366 is dependent upon
the
existence of any one of three "jurisdictional facts": (1) "significant
interruption or impairment of a function of [the] energy facility"; and (2)
damage or attempted damage exceeding $100,000; or (3) damage or attempted
damage
in the amount of $5,000. When the offense causes significant interruption
of the
facility, or results or would have resulted in damages exceeding $100,000,
the
defendant is subject to a fine of up to $250,000, ten years imprisonment, or
both. If actual or projected damage exceeds $5,000, but is less than
$100,000,
the defendant may be sentenced to imprisonment for up to five years, a fine
of
up to $250,000, or both. See 18 U.S.C. §§ 3559(a),
3571.

Section 1366 is a designated "Federal crime of terrorism" if the
offense is "calculated to influence or affect the conduct of government by
intimidation or coercion, or to retaliate against government conduct . . .
." 18
U.S.C. § 2332b(g)(5). If such is present, the FBI is the primary
Federal
investigative agency. See 18 U.S.C. § 2332b(f).